Prosecution Insights
Last updated: July 17, 2026
Application No. 18/086,173

METHOD AND APPARATUS WITH BATTERY SHORT DETECTION

Final Rejection §101
Filed
Dec 21, 2022
Priority
Jun 13, 2022 — RE 10-2022-0071689
Examiner
GO, RICKY
Art Unit
2857
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
2 (Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
829 granted / 1036 resolved
+12.0% vs TC avg
Moderate +9% lift
Without
With
+8.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
24 currently pending
Career history
1060
Total Applications
across all art units

Statute-Specific Performance

§101
29.2%
-10.8% vs TC avg
§103
31.8%
-8.2% vs TC avg
§102
29.1%
-10.9% vs TC avg
§112
6.0%
-34.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1036 resolved cases

Office Action

§101
DETAILED ACTION Claims 1, 3-7, 9-13, 15, 17-18 and 20 are pending. Claims 1, 3-7, 9, 10, 13, 15, 17 and 18 are amended. Claims 2, 8, 14, 16 and 19 are cancelled. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 1, 3-7, 9-13, 15, 17-18 and 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claimed invention is directed to an abstract idea without significantly more. Claim 1 recites a short circuit detecting method, comprising: determining measurement data by measuring a battery for a target timespan comprising a battery charging timespan or a battery discharging timespan, wherein the measurement data comprises a measured voltage and a measured current; determining estimation data of the battery for the target timespan using a battery model that simulates the battery to determine the estimation data, wherein the estimation data comprises an estimated voltage; determining a resistance error parameter of the battery based on a ratio between a voltage error and the measured current, the voltage error corresponding to a difference between the measured voltage and the estimated voltage, wherein the resistance error parameter comprises sub-parameters having different degrees of short-detection sensitivity; determining that a battery short circuit condition is satisfied based on a result of comparing the resistance error parameter and a short circuit threshold value; and performing different remediation operations in accordance with the degrees of short- detection sensitivity. Claim 13 recites a short circuit detection apparatus; comprising: one or more processors; and a-memory storing instructions wherein the instructions, when executed by the one or more processors, cause the short circuit detection apparatus to: determine measurement data by measuring a battery in a target timespan comprising at least a charging timespan of charging the battery or a discharging timespan of discharging the battery, wherein the measurement data comprises a measured voltage and a measured current; determine estimation data of the battery for the target timespan using a battery model that simulates the battery, wherein the estimation data comprises an estimated voltage; determine a resistance error parameter of the battery based on a ratio between a voltage error and the measured current, the voltage error corresponding to a difference between the measured voltage and the estimated voltage, wherein the resistance error parameter comprises sub-parameters having different degrees of short-detection sensitivity; and detect a short circuit of the battery based on a result of comparison between the resistance error parameter and a short circuit threshold value; and perform different remediation operations in accordance with the degrees of short- detection sensitivity. Claim 18 recites an apparatus; comprising: a battery configured to supply power to the apparatus; memory storing instructions; and one or more processors, wherein the instructions, when executed by the one or more processors, cause the apparatus to: measure measurement data of the battery for a timespan during which the battery is being charged or is being discharged, wherein the measurement data comprises a measured voltage and a measured current; estimate estimation data of the battery based on an output of a battery model that simulates the battery, wherein the estimation data comprises an estimated voltage; determine a resistance error parameter of the battery based on a ratio between a voltage error and the measured current, the voltage error corresponding to a difference between the measured voltage and the estimated voltage, wherein the resistance error parameter comprises sub-parameters having different degrees of short-detection sensitivity; detect a short circuit of the battery based on the resistance error parameter and a short circuit threshold value: and perform different remediation operations in accordance with the degrees of short- detection sensitivity. and thus grouped as Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations. Claim 1 recites a short circuit detecting method, comprising: determining measurement data by measuring a battery for a target timespan comprising a battery charging timespan or a battery discharging timespan, wherein the measurement data comprises a measured voltage and a measured current; determining estimation data of the battery for the target timespan using a battery model that simulates the battery to determine the estimation data, wherein the estimation data comprises an estimated voltage; determining a resistance error parameter of the battery based on a ratio between a voltage error and the measured current, the voltage error corresponding to a difference between the measured voltage and the estimated voltage, wherein the resistance error parameter comprises sub-parameters having different degrees of short-detection sensitivity; determining that a battery short circuit condition is satisfied based on a result of comparing the resistance error parameter and a short circuit threshold value; and performing different remediation operations in accordance with the degrees of short- detection sensitivity. Claim 13 recites a short circuit detection apparatus; comprising: one or more processors; and a-memory storing instructions wherein the instructions, when executed by the one or more processors, cause the short circuit detection apparatus to: determine measurement data by measuring a battery in a target timespan comprising at least a charging timespan of charging the battery or a discharging timespan of discharging the battery, wherein the measurement data comprises a measured voltage and a measured current; determine estimation data of the battery for the target timespan using a battery model that simulates the battery, wherein the estimation data comprises an estimated voltage; determine a resistance error parameter of the battery based on a ratio between a voltage error and the measured current, the voltage error corresponding to a difference between the measured voltage and the estimated voltage, wherein the resistance error parameter comprises sub-parameters having different degrees of short-detection sensitivity; and detect a short circuit of the battery based on a result of comparison between the resistance error parameter and a short circuit threshold value; and perform different remediation operations in accordance with the degrees of short- detection sensitivity. Claim 18 recites an apparatus; comprising: a battery configured to supply power to the apparatus; memory storing instructions; and one or more processors, wherein the instructions, when executed by the one or more processors, cause the apparatus to: measure measurement data of the battery for a timespan during which the battery is being charged or is being discharged, wherein the measurement data comprises a measured voltage and a measured current; estimate estimation data of the battery based on an output of a battery model that simulates the battery, wherein the estimation data comprises an estimated voltage; determine a resistance error parameter of the battery based on a ratio between a voltage error and the measured current, the voltage error corresponding to a difference between the measured voltage and the estimated voltage, wherein the resistance error parameter comprises sub-parameters having different degrees of short-detection sensitivity; detect a short circuit of the battery based on the resistance error parameter and a short circuit threshold value: and perform different remediation operations in accordance with the degrees of short- detection sensitivity. and thus grouped as Mental Processes – concepts performed in the human mind (including an observation, evaluation, judgement, opinion). These judicial exceptions are not integrated into a practical application because the additional elements, the data gathering step, (claim 1) “determining measurement data by measuring a battery for a target timespan comprising a battery charging timespan or a battery discharging timespan” (claim 13) “determine measurement data by measuring a battery in a target timespan comprising at least a charging timespan of charging the battery or a discharging timespan of discharging the battery” (claim 18) “measure measurement data of a battery for a timespan during which the battery is being charged or is being discharged” are mere data gathering that do not add a meaningful limitation to the method as they are insignificant extra-solution activity. Furthermore, the additional elements (claims 13 and 18) the “one or more processors; and a memory storing instructions configured to, when executed by the one or more processors and one or more processors, wherein the apparatus is configured to cause the one or more processors to” are recited as performing generic computer functions routinely used in computer applications. Generic computer components recited as performing generic computer functions amount to no more than using a computer as a tool to perform an abstract idea. In addition, issuing a signal or message as a notification (claims 1, 13 and 18) is merely considered post solution, insignificant extra-solution activity and does not integrate the judicial exception into a practical application (see MPEP 2106.05(g). All of which are considered not indicative of integration into a practical application (see MPEP 2106/04(d)). The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements of the data gathering steps are mere data collect steps which fall under insignificant extra solution activity and deemed insufficient to qualify as “significantly more” - see MPEP 2106.05(g). The additional elements of the one or more processors are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea and deemed insufficient to qualify as “significantly more” see MPEP 2106.05(f). In addition, issuing a signal or message as a notification (claims 1, 13 and 18) is merely considered post solution, insignificant extra-solution activity and does not integrate the judicial exception into a practical application (see MPEP 2106.05(g). Dependent claims 3-7, 9-12, 15, 17 and 20 when analyzed as a whole are patent ineligible under 35 U.S.C. §101 because the dependent claims fail to establish that the claims are not directed to an abstract idea as they are directed mathematical concepts and/or mental processes and do not add significantly more to the abstract idea. Allowable Subject Matter Claim 1, 3-7, 9-13, 15, 17-18 and 20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101 set forth in this Office action. The following is an examiner’s statement of reasons for allowance: Claim 1 is objected to because the closest prior art, LIU et al. [US 2019/0305384 A1], fails to anticipate or render obvious determining a resistance error parameter of the battery based on a ratio between a voltage error and the measured current, the voltage error corresponding to a difference between the measured voltage and the estimated voltage, wherein the resistance error parameter comprises sub-parameters having different degrees of short-detection sensitivity, in combination with all other limitations in the claim(s) as defined by applicant. Claim 13 is objected to because the closest prior art, LIU et al. [US 2019/0305384 A1], fails to anticipate or render obvious determine a resistance error parameter of the battery based on a ratio between a voltage error and the measured current, the voltage error corresponding to a difference between the measured voltage and the estimated voltage, wherein the resistance error parameter comprises sub-parameters having different degrees of short-detection sensitivity, in combination with all other limitations in the claim(s) as defined by applicant. Claim 18 is objected to because the closest prior art, LIU et al. [US 2019/0305384 A1], fails to anticipate or render obvious determine a resistance error parameter of the battery based on a ratio between a voltage error and the measured current, the voltage error corresponding to a difference between the measured voltage and the estimated voltage, wherein the resistance error parameter comprises sub-parameters having different degrees of short-detection sensitivity, in combination with all other limitations in the claim(s) as defined by applicant. Response to Arguments Applicant's arguments filed 02/04/2026 regarding the claim rejections – 35 U.S.C. 101 have been fully considered but they are not persuasive. Applicant argues the amendments, “performing different remediation operations in accordance with the degrees of short-detection sensitivity” integrate the claims into a specific, practical application and therefore eligible under Step 2A, Prong 2. (see pages 10-11 of the response) In response, the Examiner disagrees and refers to MPEP 2106.05(g), “…The courts have also identified limitations that did not integrate a judicial exception into a practical application … adding insignificant extra-solution activity to the judicial exception.” In Applicant’s case, “performing different remediation operations …” is specified as, “include issuing a signal or message related to a short circuit and/or notification thereof to a user” (see paragraph 0063 of Applicant’s specification). Issuing a signal or message as a notification is merely considered post solution, insignificant extra-solution activity and does not integrate the judicial exception into a practical application (The term "extra-solution activity" can be understood as activities incidental to the primary process or product that are merely a nominal or tangential addition to the claim. Extra-solution activity includes both pre-solution and post-solution activity – see MPEP 2106.05(g) Insignificant Extra-Solution Activity). Relevant Prior Art / Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. KOBA et al. (US Patent Application Publication 2016/0061907 A1) discloses a battery state determination device for determining a micro short circuiting tendency state. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICKY GO whose telephone number is (571)270-3340. The examiner can normally be reached on Monday through Friday from 9:00 a.m. to 5:30 p.m. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arleen M. Vazquez can be reached on (571) 272-2619. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /RICKY GO/Primary Examiner, Art Unit 2857
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Prosecution Timeline

Dec 21, 2022
Application Filed
Nov 04, 2025
Non-Final Rejection mailed — §101
Dec 15, 2025
Examiner Interview Summary
Dec 15, 2025
Applicant Interview (Telephonic)
Feb 04, 2026
Response Filed
Jun 02, 2026
Final Rejection mailed — §101 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
80%
Grant Probability
89%
With Interview (+8.8%)
3y 0m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1036 resolved cases by this examiner. Grant probability derived from career allowance rate.

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